October 1, 2014

Medina
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Man gets jail, probation on child porn counts

MEDINA — A judge warned a convicted owner of child pornography Monday that violating probation would land him in prison for 17 years.

James M. McByrne Jr., 38, of 725 S. Court St., changed his plea to guilty in November on two counts of pandering sexually oriented materials involving a minor, second-degree felonies, and illegal use of a minor in nudity-oriented material or performance, a fifth-degree felony.

James McByrne

Medina County Common Pleas Judge Christopher J. Collier on Monday sentenced McByrne to six months in jail and five years’ probation.

The judge said he was forgoing prison because he believed McByrne wanted to change.

“You may want to change for your own reasons,” Collier said. “This court is giving you another reason — and that reason is 17 years in prison.”

Conditions of McByrne’s probation include no Internet access, no contact with juveniles, psychological evaluation and a ban on using mind-altering substances.

In addition, Collier labeled McByrne a Tier II sex offender, meaning he must register with the Sheriff’s Office every six months for 25 years.

McByrne’s attorney, Dean Boland, said his client already has sought mental health treatment for his attraction to child pornography.

“He immediately went to counseling after police searched his home,” Boland said, “and he’s continued counseling since.”

McByrne said he thought the counseling was helping and that it also helped his marriage.

“Our marriage has gotten stronger because of the help I’ve gotten from my counselor,” he said.

His wife and mother were in the courtroom, but Collier denied them a chance to speak.

McByrne, who had no previous criminal history, said he hoped he never broke the law again.

“Frankly, I never want to sit here in this chair again,” he told the judge.

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com.